Product Contact Point

The Mutual Recognition Regulation (EC) 764/2008

The purpose of the Regulation:

The aim of this Regulation is to strengthen the functioning of the internal market by improving the free movement of goods. It strengthens the principle of mutual recognition. In intra-EU trade in goods, mutual recognition is the principle that a product lawfully marketed in one Member State and not subject to Community harmonization should be allowed to be marketed in any other Member State.

This Regulation lays down the rules and procedures to be followed by the competent authorities of a Member State when taking or intending to take a decision, as referred to in Article 2(1), which would hinder the free movement of a product lawfully marketed in another Member State and subject to Article 28 of the Treaty.

From the 13th May, 2009, competent authorities responsible for enforcing technical rules will have to follow the procedures outlined in the Regulation when taking a decision to: prohibit the placing on the market of a product; require the modification or additional testing of a product before it can be placed on the market; withdraw a product already on the market – based on a national technical rule.

The regulation does not apply to:

Most railway equipment

Withdrawal of dangerous products under the General Products Safety Directive

Withdrawal of food and feed in order to protect human health and requiring rapid action

Emergency measures for food and feed

Measures regarding non-compliance with EU food and feed law.

If you wish to establish what technical rules apply to non-harmonised products within the Republic of Ireland please send your query to the Product Contact Point for Ireland.